Tens of thousands of injured persons and dozens of deaths have finally led to legal measures against the Bayer company including Washington DC Essure lawsuits. Bayer acquired a company called Conceptus, which is the company that originally manufactured and distributed Essure. Essure is a type of implanted birth control that works by creating scar tissue in the fallopian tubes.
However, as Essure lawsuit attorneys in Washington D.C. are well aware of, the design and implantation of this device has had a significant impact on women globally. However, the device introduces a number of risks, and Bayer did not notify its consumers or the overall medical community correctly.
Defective medical device and drug attorneys have the knowledge and experience to educate you more about different aspects of the device, including its design and implantation, all of which affect your case. In case you’ve used Essure before and it caused you an injury, get in touch with our mass tort law firm in Washington D.C. to learn more about how we can help you.
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Since Essure was introduced in the market in 2002, the approval of devices was based on the promise of future studies. However, the future studies in question were never completed. still, the widespread use of these devices has continued to reveal a number of findings in place of these studies.
Within the first ten years of use, Conceptus, Inc. had already seen over 30,000 formal reports or complaints from the consumers. However, besides this onslaught of problems, they failed to notify their customers, the medical community, or the FDA. Failure to warn the general public about these problems is a key issue in Essure lawsuits.
The current manufacturer of Essure, Bayer, claims that the device is 99.84% effective at pregnancy prevention. However, a journal for the field known as Contraception, states that these claims are extremely inflated. There is a myriad of factors surrounding implantation that can impact the risk of an unplanned pregnancy. A non-perfect placement of the device could lead to an incomplete blockage, resulting in an unexpected pregnancy.
Since the company only surveyed patients between the ages of 22 and 44, Conceptus was unable to provide clear statistics on the use of the device. Moreover, there was no follow up following the 5-year window.
Have There Been Lawsuits Filed Against Essure?
More than 16,000 lawsuits were filed against Conceptus Inc. and Bayer. All of the plaintiffs are women who suffered any form of abdominal damage from the birth control device. The damage done was as a result of the device breaking or fracturing and then moving throughout the reproductive organs.
Lawyers are arguing that in the case the patients and doctors involved were informed of the risks properly, they would have opted for an alternative form of birth control. Alternative options like tubal fulguration, tubal litigation, hysterectomy, salpingectomy, or the application of clips, all of which are effective long-term birth control options.
What Are Some Risks From Essure?
The FDA has been able to collect some information about the risks involved with Essure. The short-term risks may include pain, back discomfort, cramping, and vaginal bleeding. However, the long-term risks are more severe, including:
- Unintentional pregnancy
- Migration of the device within the body
- Ectopic pregnancy (pregnancy that occurs outside the uterus)
- Autoimmune disease symptoms
- Puncture of the fallopian tubes or uterus
- Joint pain
- Allergic reactions to the device
While the Essure implant moves and fractures, it’s likely that the patient will need multiple surgeries. The removal or the device will therefore not only be invasive but may also require a hysterectomy. Women often choose to use Essure in an attempt to avoid the removal of their uterus.
Since the FDA has garnered over 26,000 reports of Essure failure since 2002, and have now taken action against the devices. Many complaints come from women who voluntarily speak against the Essure device they choose to have implanted in them thinking it was safe.
Some of the most common problems that are associated with Essure implants include menstruation irregularities or heavier menstruation, weight fluctuation, headaches, device breakage, pain, and movement of the device.
Essure Warnings & Recalls
The first action the FDA took was in September of 2015, where they scheduled a meeting with the Medical Devices Advisory Committee, specifically the Obstetrics and Gynecology Devices Panel. They deliberated on the patient experiences, clinical and scientific opinions, and more on the Essure device. As a result, the FDA ordered Bayer to conduct a thorough market survey, along with a surveillance study to find out the benefits and risks of using Essure.
In 2016 November, the FDA took it a notch further by requiring Bayer to put up a black box on all their packaging of Essure with an explicit warning about abdominal pain, perforation, and other potential complications.
In 2018, there has been a significant movement against Bayer and Conceptus. First, the FDA restricted the sale of Essure to medical providers in April. They also agreed to educate their patients about the device, along with its risks. In July the same year, Bayer announced it was ending all production and sales of Essure.
Can I Get Compensation if I File a Lawsuit Against Essure?
In case your Essure device caused you injury, you can receive some form of compensation when you seek legal recourse in Washington DC. If you choose to file a lawsuit against Bayer, you can seek damages for:
- The past and future medical bills incurred
- The wage loss suffered in case you had to miss work for treatment for complications associated with the device
- Any past and future pain and suffering that resulted from the use of a defective Essure device
- Any economic losses directly linked to your injuries
- Punitive damages where necessary
What Damages Does An Essure Lawsuit Cover?
Currently, there are no large group settlements from Bayer or Conceptus Inc. Keep in mind that this kind of litigation could take years to resolve, and it might require a team of lawyers working with a budget of millions of dollars to pin down exactly what happened. Moreover, the lawyers might have to demonstrate how the situations might have been prevented.
Review Your Washington DC Essure Lawsuit With Dalimonte Rueb Stoller
In case you experienced problems after an Essure device implantation, follow the right procedure to acquire proper legal representation. A Washington D.C. mass tort law firm can help you in preparing your injury claim from start to end. When you work with lawyers and medical experts familiar with product defects and personal injury cases, you can build a strong case against Bayer.
Take action now and contact the Dalimonte Rueb Stoller Law Offices today. We provide our clients with a free consultation, ideally from lawyers who specialize in defective medical devices.